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Haynes v. Thomas Doc.

Case 3:07-cv-00650-HWM-MCR Document 3 Filed 07/19/2007 Page 1 of 3

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

MICHAEL HAYNES,
Plaintiff,
Case No. 3:07-cv-650-J-12MCR

OFFICER THOMSON, et al.,

Defendants.
--

ORDER OF DISMISSAL WITHOUT PREJUDICE

Plaintiff, an inmate of the Florida penal system proceeding

pro se, initiated this action by filing a document, entitled


"Jurisdiction and Venue" (Doc. #1) (hereinafter Complaint). While
Plaintiff's Complaint is not a model of clarity, it appears that

Plaintiff's allegations center upon Defendant Thomson's slamming

Plaintiff's food tray lid down, causing Plaintiff's ear drums to

hurt. Further, Plaintiff claims that Officer Thomson made a


"malicious statement" to Plaintiff. Complaint at 3. Specifically,

he states that Officer Thomson told Plaintiff: "you are lucky that
you are eating this morning." -
Id. at 4. Plaintiff concludes that
Officer Thomson's actions keep the tension built up within the
prison. Id.

Dockets.Justia.com
Case 3:07-cv-00650-HWM-MCR Document 3 Filed 07/19/2007 Page 2 of 3

On April 26, 1996, the President signed into law the Prison
Litigation Reform Act (hereinafter PLRA) which amended 28 U.S.C. §

1915 by adding the following subsection:


(g) In no event shall a prisoner bring a
civil action or appeal a judgment in a civil
action or proceeding under this section if the
prisoner has, on 3 or more prior occasions,
while incarcerated or detained in any
facility, brought an action or appeal in a
court of the United S t ~ t e sthat was dismissed
on the grounds that it is frivolous,
malicious, or fails to state a claim upon
which relief may be granted, unless the
prisoner is under imminent danger of serious
physical injury.

28 U.S.C. § 1915(g).
This Court takes judicial notice of filings previously brought

by Plaintiff Haynes in this Court that were dismissed on the


grounds that they were frivolous, malicious, or failed to state a

claim upon which relief may be granted: (1) 3:06-cv-407-J-32TEM;

(2) 3:06-cv-737-J-33MMH; and, (3) 3:07-cv-254-J-32TEM. Other


qualifying dismissals are:

Because Plaintiff has had three or more prior qualifying


dismissals and is not under imminent danger of serious physical
injury, this action will be dismissed without prejudice. Plaintiff
Case 3:07-cv-00650-HWM-MCR Document 3 Filed 07/19/2007 Page 3 of 3

may i n i t i a t e a new c i v i l r i g h t s a c t i o n by f i l i n g a new c i v i l r i g h t s

c o m p l a i n t form and p a y i n g t h e f u l l $350.00 f i l i n g f e e .

A c c o r d i n g l y , i t i s now

ORDERED AND ADJUDGED:

1. T h i s c a s e i s h e r e b y DISMISSED w i t h o u t p r e j u d i c e .

2. The C l e r k o f t h e C o u r t s h a l l e n t e r judgment a c c o r d i n g l y .

3. The C l e r k of t h e C o u r t s h a l l c l o s e t h i s c a s e .

DONE AND ORDERED a t J a c k s o n v i l l e , Florida, t h i s 5 ~ 1 4d a y o f

J u l y , 2007.

w.
UNITED STATES DISTRICT JUDGE

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C:
M i c h a e l Haynes